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Terms of Service

Last Updated: June 1, 2023

Welcome to Aussie Adventures! These Terms of Service ("Terms") govern your use of the Aussie Adventures website (the "Site") and any services offered through the Site. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

1. Acceptance of Terms

By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Site. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms.

2. Eligibility

You must be at least 16 years old to use our Site. By using our Site, you represent and warrant that:

  • You are at least 16 years of age;
  • You have the legal capacity to enter into binding contracts;
  • You are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction;
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

3. User Accounts

Some features of our Site may require you to create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

  • Immediately notify us of any unauthorized use of your account or any other breach of security;
  • Ensure that you exit from your account at the end of each session when accessing the Site from a shared computer;
  • Not share your account credentials with any third party;
  • Be solely responsible for all content and activity on your account.

We reserve the right to disable any user account at any time, in our sole discretion, if we believe you have violated these Terms.

4. Intellectual Property Rights

4.1 Our Content

The Site and its content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data, articles, and other materials ("Content") are owned by Aussie Adventures or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Content for your personal, non-commercial use.

4.2 Restrictions on Use

You may not:

  • Reproduce, distribute, display, or transmit any Content for commercial purposes without our prior written consent;
  • Modify, create derivative works from, decompile, or reverse engineer any portion of the Site;
  • Remove any copyright, trademark, or other proprietary notices from any Content;
  • Use any data mining, robots, or similar data gathering and extraction methods on the Site;
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.

4.3 Trademarks

The Aussie Adventures name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Aussie Adventures or its affiliates or licensors. You may not use such marks without the prior written permission of Aussie Adventures.

5. User Content

5.1 User Submissions

Our Site may allow you to post, submit, publish, display, or transmit content such as comments, reviews, photos, or other materials ("User Content"). By providing any User Content on the Site, you grant us and our affiliates and service providers a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media.

5.2 User Content Representations and Warranties

You represent and warrant that:

  • You own or control all rights in and to the User Content you provide;
  • All User Content you provide complies with these Terms;
  • The User Content does not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;
  • The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • The User Content does not promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  • The User Content does not violate any applicable law, regulation, or rule.

5.3 Monitoring and Enforcement

We have the right to:

  • Remove or refuse to post any User Content for any or no reason at our sole discretion;
  • Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

6. Third-Party Content and Links

The Site may display content from third parties or contain links to other websites or applications. We do not control, endorse, or assume responsibility for any third-party content or websites. Your use of third-party websites or content is subject to the terms of use and privacy policies of those third parties.

7. Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AUSSIE ADVENTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AUSSIE ADVENTURES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
  • ANY OTHER MATTER RELATING TO THE SITE.

IN NO EVENT SHALL AUSSIE ADVENTURES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO AUSSIE ADVENTURES IN THE LAST SIX (6) MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Aussie Adventures, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

10. Termination

We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Site, us, or third parties, or for any other reason.

Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification obligations.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of the Terms will continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Aussie Adventures regarding your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings.

14. Contact Information

If you have any questions or concerns about these Terms or the Site, please contact us at:

Aussie Adventures
42 Wallaby Way
Sydney NSW 2000
Australia

Email: [email protected]
Phone: +61 2 8765 4321

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